Charged With A Crime? It Doesn’t Mean You’re Guilty.

Lifetime Sex Offender Registration for Misdemeanor Sex Offenses

| Mar 3, 2014 | Sex Offender Registration |

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I received a call recently from a young man regarding two sex offenses he had: one was Unlawful Sexual Contact, C.R.S. 18-3-404, a misdemeanor from when he was a juvenile. He received a juvenile adjudication to this charge. The second occurred when he was 18, and it was for Indecent Exposure, C.R.S. 18-7-302. He received a misdemeanor conviction on this second charge. Each of these offenses are classified as Unlawful Sexual Behavior, C.R.S. 16-22-109. As a result, they both require Sex Offender Registration.

Colorado Provisions for Lifetime Sex Offender Registration

Colorado’s deregistration statute is C.R.S. 16-22-113. Here, there are a number of difficult to understand rules regarding deregistration as a sex offender in Adams, Larimer and Weld County. Related to the young man’s call, subsections 3 and 3(c) cause me tremendous concern. Those provisions state, “The following persons shall not be eligible for relief pursuant to this section, but shall be subject for the remainder of their natural lives to the registration requirements specified in this article . . . (c) any adult who has more than one conviction or adjudication for unlawful sexual behavior in this state or any other jurisdiction.”

Two Misdemeanors = Lifetime Registration

Under this deregistration provision, this young man must register for the rest of his life, based on the two Unlawful Sexual Behavior charges: the Unlawful Sexual Contact and the Indecent Exposure. The fact that one occurred when the man was a juvenile does not matter. It was an adjudication, and the law focuses on more than one “conviction or adjudication”. This seems overly harsh. Should this young man be registering when he is 60 years old because of something he did when he was 18, and when he was a juvenile? Our government has given these minor sex offenses a super crime status – making people pay a punishment forever. This is especially harsh when considering Unlawful Sexual Contact can occur by pinching a girl’s butt in junior high, and Indecent Exposure can occur by simply showing someone your genitals.

Never assume you can deregister or that you cannot. Instead, call us at 303-731-0719. Our lawyers can meet with you, discuss your specific circumstances and let you know the current state of the law. Together, we can protect your future.

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